ML20151M481

Notice of Violation from Insp on 851106.Violation Noted: Four Texas Nuclear Density Gauges Possessed Under General License Transferred to Juliana Coal Co.Juliana Coal Co Not Licensed to Posssess Gauges

ML20151M481
Person / Time
Issue date:	12/06/1985
From:	NRC OFFICE OF INSPECTION & ENFORCEMENT (IE REGION II)
To:
Shared Package
ML20151M458	List: ML20151M453 ML20151M481
References
REF-QA-99900002 NUDOCS 8601020582
Download: ML20151M481 (1)

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ENCLOSURE  ;

NOTICE OF VIOLATION Coal Constructors, Inc. License No. General Licensee s Fairmont, WV The following violation was identified du ing an inspection conducted on November 6,1985. The Severity Level was assigned in accordance with the NRC i . Enforcement Policy (10 CFR Part 2, Appendix C).

10 CFR 31.5(c)(8) and (9) require that any persons who acquire, receive, possess, use, or transfer byproduct material in a device pursuant to a general license shall transfer or dispose of the device only by transfer to persons holding a specific license pursuant to 10.CFR 30 and 32, to another general licensee only where the device remains in use at a particular location or where the device is held in storage in the original shipping container at its intended location of use prior to initial use by a general licensee.

Contrary to the above, on February 16, 1983, Coal Constructors, Inc.,

transferred four . Texas Nuclear density gauges that were possessed under a general license to Juliana Coal Company of_ Erbacon, West Virginia. i Three of the gauges, Model 5190, contained 100 mci of Cs-137 each, and {

one gauge, Model 5191, contained 500 mci.of Cs-137. Juliana Coal Company does not hold a specific license pursuant to 10 CFR 30 and 32 and does not qualify as a general licensee since neither condition required for. transfer was applicable in that the gauges were physically transferred.from Fairmont, West Virginia, to a location in Erbacon, West Virginia.

This.is a Severity Level IV violation (Supplement VI).

Pursuant to 10 CFR 2.201, you are required to submit to this office within 30 days of the date of this Notice,'a written statement or explanation in reply,

-including: (1) admission or denial of the alleged violation, (2) the reasons for the violation if admitted, (3) the corrective steps which have been taken and the results achieved, (4) corrective steps which will be taken to avoid further violations, and (5) the date when full compliance will be achieved.

Date: DEC 0 61985 l

8601020582 851206 PDR l GA999 ENV*****

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